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HomeMy WebLinkAboutCOM 0766.058 2004-2006 BILL 251: Public Hearing (OPPOSE BILL 251) Adele DeCuyper 75-272 Malulani Drive Kailua Kona Hi.96740 Nov 9a' 2006 Chairperson Higa and County Council Members, Dear Chairperson Higa, I wish to thank you and the Council members for voting for a public hearing on the rezoning of land for Kona Coffee Estates. I have to remind you that giving us one week to prepare appeared to be an impossible task. I thought the plan we were pursuing was to meet with all the different players and see if we could develop an action plan. It was especially surprising when we tried to elicit cooperation from the Department of Public Works and the Planning Department no such help was forthcoming, in fact there was an air of hostility when we asked questions or telephone calls were not returned. We did get a return call from Stanford Carr who was unable to meet with us until just before the Thursday meeting. We certainly got the feeling that we were being pushed aside as a nuisance in favor of the developer. We heard from many people that we were wasting our time as it was a done deal even though no approval process that we know about has occurred. Contrary to the statements made by Stanford Carr and Richard Wheelock that only a few people living in Malulani Gardens are in opposition I have in my hand a survey done this week with signatures of 75 homeowners stating they are against what the Kona Coffee Estates is proposing at this time. Had I had more time to contact homeowners living on the mainland, Japan and those on vacation there would be many more. ISSUE: 1. Malulani Drive: The connector road developed when Lowe's was built between Henry Street and Queen Kaahumanu Highway (QKH) was and is a mistake and hazardous to Malulani Gardens traffic. In Dec. 2003 Mayor Kim had the road barricaded by the Department of Public Works and was not to be opened until such times that it could meet all safety standards. It has remained closed. The safety factors still exist and are probably worse today due to the increase in traffic. The former owner of the property now owned by Stanford Carr petitioned the State Department of Transportation to install traffic lights at QKH and the intersection to Malulani Drive. The installation was started a few months ago and as far as I know has stalled as the State now has a plan to widen the road from Henry Street south of Malulani Drive. However, that does not really solve the problem as the bypass from Henry Street still exists and Malulani Drive (Roadway Lot 44) appears not to be wide enough to handle four lanes of traffic. See attached letter from our Association attorney. When Malulani Gardens was developed a stub out road was made to favor the Kanuha property. Stanford Carr actually only has access to his property across Kanuha's. No. 7Comm. 'S 1 Ref. To. ~sseM~ Ref. Date SOLUTION: Lowe's has no problem right now with one ingress/egress through Henry Street. hi fact, in Lowe's Deed it states that they will have one ingress/ egress through Henry Street. My suggestion is to CLOSE the road by ordinance from the edge of Lowe's property that would only allow traffic from Kona Coffee Estates, Kanuhas and Malulani Gardens to access the QKH from Malulani Drive. That I believe was the original plan. In the past we have also suggested widening the road by incorporating the park and creating roundabouts (traffic circles) there are no signal lights needed in this design. These ideas were rejected. ISSUE 2. ROAD H When Malulani Gardens was going through the permit process in 1999 the Planning Department in phase two requested that "the internal roadway system for the subdivision should be designed to interconnect with adjacent developments to localize their internal traffic movements" As of now there are no developments on either side to connect to. Mr. Carr had made the suggestion that that road could be used as his "second access" road and a construction route. If used as a construction route how would Stanford Carr prevent his construction traffic from taking a short cut through Malulani Gardens private road? This proposal doesn't make any sense at all. Carr's development is 108 acres, Malulani Gardens is 23 acres. Granted that it is low density, I believe that he still needs an access road further up the subdivision not at the mid level road crossing Malulani Gardens that will divide and compromise our gated community SOLUTION: A I don't think we should have to defend the use of this road. It is clearly stated in the PUD what the future use is for. SOLUTION: B Move the middle level road to the mauka end of the Malulani Gardens subdivision. Brian Cook the developer of Malulani Gardens has a one-acre parcel that could be purchased by Stanford Carr. I believe this could solve many problems, access, and water and future connectivity as desired by the planning department. This would also prevent division of our community ISSUE 3: WATER Water is a huge issue in Kona. Malulani Gardens is on a "Private Water System". We were promised that when future development occurred we would be hooked up to the County Water System. This is one condition that CANNOT be negotiated. That promise must be fulfilled. SOLUTION: Right now we are not sure where the water is coming from. Please inform us with a real plan not just "maybes". ISSUE 4: TRAFFIC Traffic is a huge issue if you are in the Kona Crawl everyday. SOLUTION: Do a new traffic study that is not paid for by the developer. The stretch of highway between Henry Street and Nani Kailua needs to be widened before we put more cars into the system. GENERAL COMMENTS: Wait for the Kona Community Development Plan before we do more damage that will be hard to correct. Work on the infrastructure. There are a lot of bright minds around to help. Thank you again for voting for this Public Hearing. Sincerely, Adele DeCuyper Richard S. Eldmoto Ehim®'o & Morris John A. Morris Gordon M. Arakeld A Limited Liability Law Company Cher"m C. Pleded of Counsel: Adetle S. Harada May 25, 2006 Mr. Bob Awana, Chief of Staff Governor's Office State Capitol 415 S. Beretania Street Honolulu, HI 96813 Ms. Linda Smith, Senior Policy Advisor Governor's Office Stag Capitol 415 S. Beretarlia Street Honolulu, HI %813 Re: Installation of Traffic Lights at the Intersection of Malulard Drive and Queen Kaahumanu Highway Dear Mr. Awana and Ms. Smith: We represent the Malulatd Gardens Association, Inc. The association asked us to contact you to express and confirm its serious concerns about the proposal In inStELU traffic lights at the intersection of Malulani Drive and Queen Kaahumanu Highway. The association has already contacted the State and Hawaii County officials in its area but thinks the problem is sufficiently serious to warrant the Governor's. attention. The associations greatest concern is safety the safety of residents of Malulani Gardens, as well as the safety of members of the general public. The installation of traffic fights at the intersection will exacerbate the safety problems. that already exist because of the proximity of the Queen Kaahumanu Highway intersection to the entrance of Malulani Gardens. In addition, installing and activating traffic lights at the intersection should not proceed until the State and County develop a comprehensive traffic plan for Malulani Drive. Malulanf Drive would have to be significantly widened to safely handle four lanes of traffic. That is particularly true if the traffic will.include through traffic from Lowe 's and the areas above Lowe s, as seems to be the intention. The residents of Malulani Gardens, based on their personal experience, seriously question whether Malulam Drive is designed for or capable of handling that volume of traffic Regardless, activating a traffic light at the 1132 Bishop Street ? Suite 9021 HonolWu, Hawaii 96913-2830 Tel (808) 523-0702 t Fax (808) 538-1927 lawChawaliowdolew.com i www.hawelloondolew.com Mr. Bob Awana, Chief of Staff Ms. Linda Smith, Senior Policy Advisor Governor's Office May 25, 2006 Page 2 intersection of Malulant Drive and Queen Kaahumanu Highway without. widening Malulani Drive will greatly increase the risk of accidents. Malulani Gardens is a gated community. Therefore, any vehicle turning into the entrance of Malulani Gardens from Malulani Drive must wait for the gate to open before driving into the project The gate, itself, is set back only one or two car lengths from Malulani Drive. Moreover, the entrance to the project is only four or five car lengths from Queen Kaahumanu Highway. As a result, any vehicle heading towards the airport on Queen Kaahumanu Highway that turns up the hill onto Malulani Drive runs the risk of being immediately confronted with vehicles waiting to enter the Malulam Gardens project. At present, because Malulani Drive is blocked off immediately above Malulani Gardens, this is less of a problem because virtually all- of the traffic turning onto Malulani Drive is comprised of residents of Malulani Gardens. Nevertheless, the County's decision to open Malulani Drive to provide access to Lowe's and other areas above Malulani Gardens means that will soon no longer be the case.. Instead, Malulani Drive could well become a heavily trafficked point of access. from Queen Kaahumanu Highway to Lowe's and beyond once the road is opened. Installing traffic lights at the intersection of Malulanh Drive and Queen Kaahumanu Highway will increase the traffic by encouraging drivers to use Malulani Drive. Moreover, installing traffic lights will encourage higher speeds through the intersection, as well as leading to more accidents as vehicles try to "make the light." For example, vehicles turning right from Queen Kaahumanu Highway up Malulani Drive will be encouraged by a green light to speed around the corner, increasing the risk of accidents with vehicles waiting to enter Malulani Gardens. In contrast, without the encouragement of a green light, they would be more cautious. Similarly, once Malulani Drive is opened, vehicles coming down Malulani Drive to Queen Kaahumanu Highway will be encouraged to speed down the hill if they see a green fight in front of them. This, in turn, will make it difficult for vehicles leaving Malulani Gardens to pull across the road and turn left towards Queen Kaahumanu Highway. In contrast; if traffic lights are not installed at the intersection, Malulani Drive will be a slower and less heavily trafficked intersection, reducing the possibility of collisions with vehicles entering and exiting Malulani Gardens. Of course, leaving aside the safety considerations, traffic lights installed at the intersection of Malulani Drive and Queers Kaahumanu Highway will further slow the already slow-moving traffic on Queen Kaahumanu Highway by adding one more point of delay. Mr. Bob.Awana, Chief of Staff Ms. Linda Smith, Senior Policy Advisor Governor's Office May 25, 2006 Page 3 The association is very concerned that, in spite of the problems outlined above, .a decision may.already have been made to install the traffic lights at this intersection. if that is the case, the association requests that the concerns outlined above be made part of the official record of comments conceiving that decision. The Association also asks the Governors office to ensure that the installation and activation of the traffic lights does not occur until the State and the Co" have developed a compreherksive plan'thatconsiders and resolves the traffic and safety issues outlined above. Please contact me if you have any questions. Very truly yours, IRQMOTO & MORRIS 5Limited Liability Law Company LLLC John A. Morris JAM alt Copy: Board of Directors, Malulani Gardens Association, Inc. % Laurie Sokach, Property Manager Q\MALULANIGARMNS\GM\525-]006LTRmbuhdwboofrm icUghb.dm